a Muslim’s property, we hold him liable, for this is required by the ruling of Islam: whoever destroys property is liable for it, whether Muslim or disbeliever.
The same applies to honor: we are not permitted to backbite them or falsely accuse them of fornication, for they are entitled to protection and are among those whose lives are inviolable. The imam must therefore hold them to all of this. Likewise, if they backbite a Muslim or falsely accuse a Muslim of fornication, they are to be held to what Islam requires in this matter.
And enforcing the prescribed punishments upon them for matters they believe to be forbidden, but not for matters they believe to be lawful …
His statement, “And enforcing the prescribed punishments upon them for matters they believe to be forbidden, but not for matters they believe to be lawful”: the prescribed punishments are divinely fixed penalties that deter people from committing similar offenses and expiate the offender’s sin. Enforcing these punishments is a communal obligation, and the imam is responsible for it.
Thus, if these protected non-Muslim subjects commit an act requiring a prescribed punishment, and they believe it to be forbidden, we enforce the punishment upon them. If they do not believe it to be forbidden, however, we do not enforce the punishment upon them. For example, the prescribed punishment for fornication is enforced upon them because they believe it to be forbidden. If they bring a case of fornication before us, we must judge between them according to Islam. If they are previously married, then the punishment is stoning; if they are not previously married, then it is flogging and banishment.
If we suppose that they believe the act to be forbidden but do not believe that the prescribed punishment is to be enforced, then we say: if they bring their case before us, we compel them to abide by the ruling of Islam; but if they do not bring it before us, we leave them to their own affairs. Yet the prescribed punishment for fornication is established even in the Torah and the Gospel.
The evidence for this is what is related in the account of Abdullah ibn Suriya concerning the man who committed fornication